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Which offences carry the death penalty in Taiwan?

At least 48 statutory provisions across more than 30 offence categories carry the death penalty in Taiwan, spanning the Criminal Code, the Criminal Code of the Armed Forces, and related legislation. Offences are grouped into three categories by severity: the first imposes death or life imprisonment for the most serious aggravated crimes, including felony murder, certain treason offences, and serious sexual offences; the second imposes death, life imprisonment, or a minimum of ten years for offences including murder; and the third imposes death or a minimum of seven years for offences including kidnapping for ransom, robbery, piracy, and threats to public safety. Drug trafficking and unlicensed manufacture or transfer of military-grade weapons also carry the death penalty under separate legislation. The mandatory death penalty was abolished in 2006; all capital sentences are now discretionary. In practice, the Supreme Court has not upheld the death penalty for any offence other than murder since 2002. 

Following the landmark Constitutional Court ruling on 20 September 2024 (Judgment 113-Hsien-Pan-8), the application of the death penalty has been strictly limited to “the most serious crimes” involving intentional homicide – the legislature has a two-year window to amend capital legislation accordingly (expiring in September 2026). Additionally, the Court struck down a particular provision regarding homicide during kidnapping because it lacked sentencing discretion, reinforcing the requirement that judges must be able to consider life imprisonment even in the most severe cases.^{[15]ECPM, ‘Taiwan: The Death Penalty in Law and in Practice’ (2024) https://www.ecpm.org/app/uploads/2025/10/Brochure_Taiwan_2024_EN.pdf; Constitutional Court Judgment 113-Hsien-Pan-8 (20 September 2024) https://cons.judicial.gov.tw/en/docdata.aspx?fid=5535&id=355776; The Death Penalty Project, ‘The Death Penalty in Taiwan: A Report on Taiwan’s Legal Obligations under the ICCPR’ (2014) www.deathpenaltyproject.org/knowledge/the-death-penalty-in-taiwan/}

What additional protections apply to a foreign national facing a capital charge?

The 2024 Constitutional Court ruling introduced “the strictest requirements of due process” for all capital defendants, including foreign nationals. The following general safeguards now apply in all capital cases:

• Mandatory Legal Representation: Defendants must have legal counsel at all stages of the criminal proceedings, including the initial police investigation and all levels of appeal;
• Mandatory Sentencing Hearings: Since 2012, the Supreme Court has maintained a judicial policy of holding oral hearings for all capital cases to allow for the submission of mitigating evidence; however, following Judgment 113-Hsien-Pan-8 (2024), this has been elevated to a strict requirement, meaning the court of final appeal is now legally prohibited from imposing or upholding a death sentence without conducting a full oral argument on the merits of the sentence;
• Unanimous Verdict Requirement: A death sentence can only be imposed if there is a unanimous decision by the entire panel of judges at every level of the trial;
• Protected categories; Persons under 18 or over 80 may not be sentenced to death, regardless of nationality. Persons with mental illness may not be sentenced to death, following Judgment 113-Hsien-Pan-8.

Additionally, for foreign nationals, free interpretation is available at all stages of proceedings for defendants who do not understand Mandarin. For those from countries without formal diplomatic ties, “representative offices” (such as the American Institute in Taiwan) fulfill these consular functions, providing an extra layer of welfare monitoring.^{[16]ECPM, ‘Taiwan: The Death Penalty in Law and in Practice’ (2024) https://www.ecpm.org/app/uploads/2025/10/Brochure_Taiwan_2024_EN.pdf; Constitutional Court Judgment 113-Hsien-Pan-8 (20 September 2024) https://cons.judicial.gov.tw/en/docdata.aspx?fid=5535&id=355776} 

 Can evidence or documentation from a foreign national’s home country be submitted in proceedings?

Yes, evidence from a foreign jurisdiction can be submitted, provided it meets the general evidentiary rules of the Taiwanese Code of Criminal Procedure. Under the Mutual Legal Assistance in Criminal Matters Act, Taiwan can seek assistance from foreign authorities to gather documents, witness testimony (via video link), or physical evidence. For such documents to be admissible, they typically require authentication by a Taiwan overseas representative office in the home country to verify their official status. In capital cases, the new mandate for “the strictest due process” ensures that the defence has a heightened right to present mitigating evidence from the defendant’s background or home country, though the burden of proving the authenticity and relevance of foreign-sourced material remains with the party submitting it.^{[17]Code of Criminal Procedure (Taiwan) art 155 https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=C0010001; Mutual Legal Assistance in Criminal Matters Act (Taiwan) https://mojlaw.moj.gov.tw/ENG/LawContentE.aspx?LSID=FL088318} 

What pardon or clemency mechanisms are available?

Under Article 40 of the Constitution, the President holds the power to grant amnesties, pardons, remission of sentences, and restitution of civil rights. Applications are typically initiated by a prisoner’s lawyer submitting a petition to the Office of the President; however, there is no statutory obligation for the President to respond or provide reasons for a refusal, and such decisions are generally not subject to judicial review.

Taiwan’s domestically incorporated ICCPR Implementation Act 2009 requires that any person sentenced to death must have an effective right to seek commutation or pardon, and that no execution may be carried out while such a petition remains pending. In practice, however, human rights organisations have noted that several prisoners have been executed while pardon petitions remained unanswered. Taiwan has not granted clemency to a death row prisoner in several decades and has, on occasion, proceeded with executions before petitions were formally rejected. The government’s 2025 ICCPR implementation report confirms that procedural reform of the pardon process remains under discussion and has not been enacted.

Following the 2024 Constitutional Court ruling, a significant secondary mechanism has emerged via ‘Extraordinary Appeals’. This allows death row prisoners to petition the Prosecutor General for a stay of execution if their original sentence was not reached by a unanimous judicial decision or if they possess mental or intellectual disabilities^{[18]Constitution of the Republic of China (Taiwan) art 40 https://english.president.gov.tw/page/94; ICCPR Implementation Act (Taiwan) 2009 https://www.humanrights.moj.gov.tw/media/12153/3332004121828acdee.pdf; Benjamin Chia and others, ‘Clemency Procedures in East and Southeast Asia’ (ADPAN, 2021) https://adpan.org/wp-content/uploads/2021/12/Clemency-Process-in-East-and-Southeast-Asia-Rev1.0.pdf; ECPM, ‘Taiwan: The Death Penalty in Law and in Practice’ (2024) https://www.ecpm.org/app/uploads/2025/10/Brochure_Taiwan_2024_EN.pdf; Republic of China (Taiwan), ‘Implementation of the ICCPR: Fourth National Report’ (Executive Yuan, June 2025) https://www.humanrights.moj.gov.tw/media/20214874/02英文版-implementation-of-the-international-covenant-on-civil-and-political-rights.pdf}